Karnataka High Court
Smt Kavitha C vs State Of Karnataka on 2 June, 2023
Bench: K.Natarajan
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NC: 2023:KHC:19067
CRL.A No. 873 of 2023
C/W CRL.A No. 874 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL APPEAL NO. 873 OF 2023
CONNECTED WITH
CRIMINAL APPEAL NO. 874 OF 2023
IN CRIMINAL APPEAL NO. 873 OF 2023
BETWEEN:
1. SMT KAVITHA C
D/O. CHANNEGOWDA.S.C
AGED ABOUT 44 YEARS
2. SRI.RENUKA PRASAD
S/O. VEERANNA
AGED ABOUT 50 YEARSA
BOTH ARE PRESENTLY R/AT
NO.474/A, IDEAL HOMES
RAJA RAJESWARINAGAR
BANGALORE-560095
...APPELLANTS
Digitally signed by (BY SRI. B.S. GURUSWAMY, ADVOCATE)
VEDAVATHI A K
Location: High Court AND:
of Karnataka
1. STATE OF KARNATAKA
BY POLICE INSPECTOR
ELECTRONIC CITY POLICE STATION
BENGALURU
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
ELECTRON CITY POLICE STN
BANGALORE
2. VASANTH KUMAR N.
AGED ABOUT 23 YEARS
R/AT S.S. BAKERY, 2ND FLOOR
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CRL.A No. 873 of 2023
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THIRUPALYA
BOMMASANDRA
ANEKAR
BENGALURU DISTRICT - 560 099
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANTS
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a)
GRANT THE ANTICIPATORY BAIL IN CR.NO.61/2023 DATED
18.03.2023 FOR THE OFFENCE P/U/S 506, 419, 420 OF IPC AND
SECTION 3(1)(s) OF SC/ST (POA) ACT FILED BY THE ELECTRONIC
CITY POLICE STATION, BENGALURU RURAL DISTRICT, BENGALURU
PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN
CRL.MISC.NO.701/2023 AND DIRECT THE STATION HOUSE OFFICER
OF ELECTRONIC CITY POLICE STATION TO RELEASE THE
APPELLANTS ON THIS BAIL IN THE EVENT OF ARREST AND DO THE
NEED FULLY AND ETC.
IN CRIMINAL APPEAL NO. 874 OF 2023
BETWEEN:
1. SRI. HEMANTH C.
S/O. CHANNEGOWDA S.C.
AGED ABOUT 25 YEARS
PRESENTLY R/AT NO.71,
5TH CROSS, DWARAKANAGAR
BANASHANKARI III STAGE
NEAR PESIT COLLEGE
HOSAKEREHALLI
BENGALURU - 560 085
...APPELLANT
(BY SRI. B.S. GURUSWAMY, ADVOCATE)
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CRL.A No. 873 of 2023
C/W CRL.A No. 874 of 2023
AND:
1. STATE OF KARNATAKA
BY POLICE INSPECTOR
ELECTRONIC CITY POLICE STATION
BENGALURU
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
ELECTRON CITY POLICE STN
BANGALORE
2. VASANTH KUMAR N.
AGED ABOUT 23 YEARS
R/AT S.S. BAKERY, 2ND FLOOR
THIRUPALYA
BOMMASANDRA
ANEKAR
BENGALURU DISTRICT - 560 099
...RESPONDENTS
(BY SRI. S. VISHWAMURTHY, HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF SC/ST (POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO
GRANT THE ANTICIPATORY BAIL UNDER SECTION 41A(2) OF SC/ST
(PREVENTION OF ATTROCITIES) ACT 1989 FILED BY THE
RESPONDENT POLICE REGISTERED FIR IN CR.NO.61/2023 DATED
18.03.2023 FOR THE OFFENCE P/U/S 506, 419, 420 OF IPC AND
SECTION 3(1)(s) OF SC/ST (POA) ACT FILED BY THE ELECTRONIC
CITY POLICE STATION, BENGALURU RURAL DISTRICT, BENGALURU
AND DIRECT THE STATION HOUSE OFFICER OF ELECTRONIC CITY
POLICE STATION TO RELEASE THE APPELLANTS ON THIS BAIL IN
THE EVENT OF ARREST AND DO THE NEED FULLY AND ETC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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C/W CRL.A No. 874 of 2023
JUDGMENT
Crl.A.No.873/2023 is filed by the appellant/accused Nos.2 and 3 and
Crl.A.No.874/2023 is filed by the appellant/accused No.1 under Section
14(A)(2) of SC&ST (Prevention of Atrocities) Act (herein after referred as
'Act') for setting aside the order of rejection of the anticipatory bail filed in
Crl.Misc.No.701/2023 and Crl.Misc.No.702/2023 dated 02.05.2023 passed
by the II Additional District and Sessions Judge, Bengaluru Rural District,
Bengaluru for the offences punishable under Sections 3(1)(s) of SC/ST
(POA) Act and under Sections 506, 419, 420 of IPC pertaining to the Crime
No.61/2023 registered by the Electronic City Police Station, Bengaluru.
2. Heard the learned counsel for appellants and learned HCGP for
the State.
3. The case of the prosecution is that on the complaint of one
Vasanth Kumar N., who filed the complaint to Electronic City police station
on 18.03.2023 alleging that the accused persons have collected more than
Rs.10 lakh under the guise of providing job as one of the accused No.2/
Kavitha said to be working in Secretariat in the Ministry of Home Affairs,
Karnataka. But after receiving the amount through online, they have
cheated and have not provided the job. Later, they requested them for
their money, but the accused persons said to have abused them in filthy
language by taking the name of the caste and threatened them with dire
consequences. The police registered the case against the appellant as well
as some other accused persons, they apprehended the arrest in the hands
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of the police, hence they approached the Sessions Judge for granting
anticipatory bail which came to be rejected on 02.05.2023. Hence, the
appellants are before this court.
4. Learned counsel for appellants has contended the appellants are
innocent of the alleged offence. There is a false complaint filed by the
respondent No.2 and it is stated that earlier, the brother of respondent
No.2, Harish N, filed complaint to the Electronic police station in Crime
No.393/2022 offence punishable under Sections 406 and 420 of IPC and this
court had granted a stay as against this accused No.2 and her sister Usha in
Crl.P.No.1414/2023 and based upon the same, the accused No.1 also was
granted bail and he was released on bail by the Hebbagodi police station. A
notice has been issued to the complainant, Harish N., in the other case.
Thereafter, on 18.3.2023 with the same averments the said Harish filed the
complaint through his brother Vasanth kumar on the same allegations by
adding Section 3 of the SC & ST POA Act. Learned counsel submits
absolutely there is no evidence on record and there is not ingredients to
attract Section 3 of the Special Act. The appellants were already released
on bail in the criminal case No.393/2022. Therefore on the same allegation
they have filed one more complaint in order to harass. They are ready to
abide by any conditions , hence prayed for allowing this appeal.
5. Per contra, learned HCGP seriously objected the bail and
contended that the trail court rightly dismissed the anticipatory bail as the
alleged offence is punishable under Sections 420, 419, 506 of IPC, apart
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from the Special Act Section3(1) (s) of SC&ST (POA) Act. The accused
cheated the complainant by receiving huge amount under the guise of
providing job, they are required for custodial interrogation, hence prayed for
rejecting the appeal.
6. Having heard the arguments and perused the records, the point
that arises for my consideration is,
1) Whether the order of challenge passed by the Special court in
Crl.P.Nos.701/2022 and 702/2022 is liable to be set aside?
2) Whether the appellant is entitled for relief as prayed for?
7. On perusal of the contentions of the learned counsel for both
parties and the documents produced by the learned counsel which reveals
the respondent No.2 filed the complaint on 18.3.2023 to the police alleging
that the accused Nos.1 and 2 had collected amount more than Rs.10 lakhs
under the guise of providing the job but not provided the job and when the
same was questioned, they abuse in filthy language by taking the name of
the caste. On perusal of the complaint except stating that they abused by
taking caste name, the actual word uttered by the appellants were not
mentioned in the complaint in order to attract section 3(1) of the POA Act.
That apart the Annexure-E the FIR produced by the learned counsel which
reveals the Hebbugodi police the adjacent police station Electronic City
police station have registered the case against the same accused Nos.1 and
2 for the offence punishable under Sections 406 and 420 of IPC. The
allegations made in the said complaint filed by the brother of the respondent
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No.2 herein on 21.12.2022 where the same allegations were made against
the appellants and sisters had collected amount of more than Rs.11 lakhs
under the guise of providing job and they have cheated. The documents at
Annexure-D reveals this court had granted stay in respect of investigation
and proceedings in Crime No.363/2022 in favour of the accused No.2, the
appellant herein. The accused No.3/Usha in Crime No.393/2023 is also the
sister of accused No.1/Kavitha. But the accused No.3/Renuka Prasad in this
case (in Crime NO.61/2023) is none other than the husband of Usha who
took the surety to Kavitha. Therefore, the name of the Renuka prasad is
implicated as accused in this case. On perusal of the record the brother of
the respondent no.2 already filed the complaint where the case has been
registered and charge sheet has been filed by the Hebbagodi police against
accused No.1 and this court had granted stay in favour of accused No.2,
another sister of Usha i.e., Kavitha. The same allegation made in this
present complaint by the brother of the Harish. Except mentioning that the
appellant abused by taking the caste name but there is no other details
mentioned in the complaint. Therefore I am of the view the offence under
Section 3 of POA Act does not attract against these appellants. Therefore
Section 18 of the Act will not be applicable and will not come in the way for
granting anticipatory bail. Therefore, the trial court committed error in
dismissing the application mainly on the ground that there was bar under
Section 18 of Act without going through the contents of the complaint it
does not attract the provision of the Act. The appellants are entitled for
anticipatory bail and the order under the challenge is liable to be set aside.
The order of the trial court dismissing in criminal proceedings filed under
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Sections 3(1)(s) of SC/ST (POA) Act and under Sections 506, 419, 420 of
IPC pertaining to the Crime No.61/2023 registered by the Electronic City
Police Station, Bengaluru in Crl.Misc.No.701/2023 and Crl.Misc.No.702/2023
dated 02.05.2023 passed by by the II Additional District and Sessions
Judge, Bengaluru Rural District, Bengaluru are set aside.
ORDER
Accordingly, both the appeals are allowed.
The respondent/police are directed to release the appellants/accused
Nos.1 to 3 on bail in the event of their arrest in Crime No.61/2023
registered by the Electronic City Police Station, Bengaluru and in
Crl.Misc.No.61/2023, subject to the following conditions;
(i) Appellants/accused Nos.1 to 3 shall execute
a personal bond for sum of Rs.1,00,000/-
(Rupees One Lakh only) with one surety for
the likesum to the satisfaction of the
Investigating Officer;
(ii) Appellants shall surrender before the
Investigating Officer within fifteen days from
the date of receipt of a certified copy of this
order;
(iii) Appellants shall not directly or indirectly
tamper with any of the prosecution
witnesses;
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(iv) Appellants shall not indulge in any similar
offences; and
(v) Appellants shall be deemed custody for the
purpose of any recovery under Section 27 of
the Indian Evidence Act, 1872.
(vi) They shall appear before Investigation
Officer as and when called for Investigation.
Sd/-
JUDGE
AKV
